Motive La Causa Legal Del Procedimiento
We now know that harassment is an act adopted by authority – whether administrative, legislative or judicial – and that affects the governed temporarily, not permanently. This law must respect certain clauses to be legal and constitutional, because if it did not do so, it would be null and void and would have no legal effect. Today, nuisances are emitted by various authorities that are part of the Mexican State; this procedure must comply with the above requirements, which are specified in our Magna Carta as well as in the laws applicable to each case; Otherwise, they would simply be declared null and void. It follows from the provisions of article 16 of the Federal Constitution that the enactment of a law on harassment requires the necessary observance of three minimum conditions, namely: (1) that it be expressed in writing and that it bear the original or handwritten signature of the official concerned; (2) it comes from a competent authority; and (3) written documents in which the legal basis for the procedure is expressed, reasoned and reasoned. It should be noted that the first of those requirements is clearly intended to ensure the existence of the act of harassment and to ensure that the person concerned can know exactly from which authority it comes, as well as its content and consequences. Similarly, the fact that the act of authority emanates from a competent authority means that the broadcaster has constitutional or statutory authority and, within the limits of its powers, the power to broadcast it. And the requirement to state reasons is understood as the duty of the authority to express in writing the legal rules governing the facts and the legal consequences which the act of the authority seeks to impose, a condition which has its origin in the principle of legality, which consists, in its imperative aspect, in the fact that the authorities can only do that: what the law allows them; The requirement to state reasons explains why the authority considers that the facts on which it bases its conduct are established and correspond precisely to those laid down by the legislation which it purports to apply. The hypotheses, those of the statement of reasons and those of the statement of reasons, which must coexist and which are presumed to be mutually linked, since it is not possible to cite legal provisions without linking them to the facts in question or to substantiate facts irrelevant in the light of those provisions. That link between the grounds and the factual grounds necessarily presupposes a statement of reasons on the part of the authority in order to establish the applicability of the legal provisions relied on to the facts in question, which in reality presupposes the reasoning and the statement of reasons for the legal basis of the procedure. According to article 16, paragraph 1, of the Political Constitution of the United Mexican States, any act of authority must be reasoned and justified, including, on the one hand, the obligation to express precisely the legal requirement applicable to the case and, on the other hand, to specify the particular circumstances, special reasons or direct reasons taken into account by the authority when adopting the act, it is also necessary to ensure that there is a reasonable balance between the grounds invoked and the applicable rules; This means that in the specific case, the normative hypothesis is configured. This is so because, if the command in question provides that no one may be disturbed in his person, family, home, papers and property, except on the basis of a written order of a competent authority establishing and justifying the legal basis of the procedure, it requires all authorities to respect the law. to express what law it is and its commandments that serve as a support for the relative command.
It is therefore important that, as soon as a harassment activity is reported, it is thoroughly analysed by the expert in order to have absolute certainty that it is legal and, if not, to be able to request the corresponding declaration of nullity. No one may be disturbed in his person, family, home, papers or property, except on the basis of a written order of the competent authority justifying and justifying the legal basis of the procedure. In judicial proceedings and proceedings conducted in the form of a hearing at which the hearing is normally held, it shall be sufficient that they be recorded in such a way as to ensure their content and compliance with the provisions of this paragraph. The above-mentioned text, whose origins lie in the Constitution of 1857, can be considered one of the most important articles in the legal and legal environment that governs our country, since it defines the requirements that must be met by the actions adopted by any authority, so that the governed are not left in a state of defencelessness or legal uncertainty; whether it is a natural or legal person. Administrative procedure from point of view No. 14/12171-16-01-02-05-OT/495/16-PL-05-04.- Adopted unanimously by the Plenary Court of the Supreme Chamber of the Federal Tax Court and the Administrative Court, at the hearing of 13 July 2016.- Rapporteur: Julián Alfonso Olivas Ugalde.- Secretary: Lic. Roberto Carlos Ayala Martínez. (Thesis approved at the meeting of 12. October 2016) Harassment must meet the following requirements: Currently, it is common to hear about inconvenience; In most cases, however, it is not known what this term means in the legal sphere of the governed, including the list of requirements that laws impose on the authorities that issue them. R.T.F.J.A. Eighth epoch.
Year II. No. 6 January 2017. p. 614 THIRD COLLEGIATE COURT IN FIRST CIRCUIT CIVIL CASES. However, Article 16 of the Constitution specifies the conditions that acts of harassment issued by the agency must meet, the Constitutional Congress forgot to define what is meant by “act of harassment”. In this sense, because of the legal and social dynamics, it was necessary to turn to the judges and courts that ruled on this issue. POLITICAL CONSTITUTION OF THE UNITED MEXICAN Amparo direct 10303/2002.